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63 O.B.A.J. 2132 · Supreme Court of Oklahoma · Jul 14, 1992
They sought summary judgment based on the defense of qualified immunity. The trial court overruled their motion and the defendants appealed. … The qualified immunity doctrine may be stated thus: “[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established
Cited 3 timesPublished682 F. Supp. 1172 · District Court, D. Colorado · Mar 29, 1988
Under the doctrine of qualified immunity “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When the affirmative defense of qualified immunity is raised, the plaintiff has the burden of convincing the court that his constitutional or statutory rights were clearly established at the time of the questioned conduct
Cited 9 timesPublished59 Tex. Sup. Ct. J. 1387 · Texas Supreme Court · Jun 24, 2016
Here, the McIntyres challenge only the officer’s “entitlement to qualified immunity on the substantive due process claim,” arguing he violated their clearly established rights under the Fourteenth Amendment by “swear[ing] … Under the doctrine of qualified immunity, “courts may not award damages against a government official in his personal .capacity unless ‘the official violated a statutory or constitutional right,’ and ‘the right was “clearly
Cited 13 timesPublished417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005
If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine "whether the right was clearly established." Id. … I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry.
Cited 69 timesPublishedEthel Jones v. Gary Collins, Superintendent of Texarkana Independent School District
132 F.3d 1048 · Court of Appeals for the Fifth Circuit · Feb 12, 1998
First, if the official’s conduct did not violate a clearly established constitutional'right, the official is entitled to qualified immunity. See Nerren v. Livingston Police Dep't, 86 F.3d 469, 473 (5th Cir.1996). … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.
Cited 63 timesPublishedDistrict Court, D. Maryland · Mar 22, 2021
Under the Free Exercise Clause, a prisoner has a clearly established right to a diet consistent with his religious principles. Wall, 741 F.3d at 498–500. … McMillan, 502 F.2d 1326, 1331 (4th Cir. 1974) (finding that qualified immunity “has no application to a suit for declaratory or injunctive relief”); see also Cloaninger ex rel. Estate of Cloaninger v.
Cited 0 timesUnknownRyan Bonivert v. City of Clarkston
883 F.3d 865 · Court of Appeals for the Ninth Circuit · Feb 26, 2018
Alternatively, the officers claim they are entitled to qualified immunity because it was not clearly 14 BONIVERT V. … The constitutional right was clearly established for qualified immunity purposes. B.
Cited 86 timesPublished183 F.3d 655 · Court of Appeals for the Seventh Circuit · Jul 6, 1999
That clearly established right must be one established in a particularized sense. This requires more than a general violation of the Fourth Amendment. … In the present case, Crews is entitled to qualified immunity if a reasonable officer could have rationally believed that the strip search was not unlawful in light of clearly established law and the information she possessed
Cited 35 timesPublishedDonald Gravelet-Blondin v. Sgt Jeff Shelton
728 F.3d 1086 · Court of Appeals for the Ninth Circuit · Sep 6, 2013
Qualified Immunity Even so, Sgt. Shelton is entitled to qualified immunity if his conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The court granted qualified immunity, however, finding that the law in 2004 was not sufficiently well-established to have alerted officers that this use of force was unconstitutional.
Cited 233 timesPublished929 F.2d 922 · Court of Appeals for the Second Circuit · Apr 9, 1991
DISCUSSION I Doctrine of Qualified Immunity 10 The doctrine of qualified immunity evolved as a balance between the need, on one hand, to hold responsible public officials exercising their power in a wholly unjustified manner … Contrary to appellants' contention, the district court did not stop after addressing only the threshold issue of whether the law was clearly established.
Cited 65 timesPublishedCourt of Appeals for the Eleventh Circuit · Feb 27, 2025
conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity “raised . . . on a motion to dismiss . . . will be granted if the com- plaint fails to allege the violation of a clearly established constitu- tional right.” 248 F.3d 1117, 1121 (11th Cir. 2001
Cited 0 timesPublishedCarlos D. Goad and Robert J. Wuchich v. Betty Mitchell, Jacqui Visintine, and M.A. Gilbert
297 F.3d 497 · Court of Appeals for the Sixth Circuit · Jul 25, 2002
Qualified Immunity and Heightened Pleading Requirements In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do “not violate clearly established [federal] statutory … a complaint adequately alleges violation of clearly established law.
Cited 55 timesPublishedFellowship of Christian Athletes v. District of Columbia
District Court, District of Columbia · Feb 3, 2026
in question . . . was clearly established.” … were clearly established.
Cited 0 timesPublished927 F. Supp. 106 · District Court, S.D. New York · May 15, 1996
Under the doctrine of qualified immunity, public officials are immune from liability for civil damages if they establish either that (1) their conduct did not violate clearly established rights of which a reasonable person … Where reasonably competent officials could disagree as to whether the conduct at issue would violate clearly established rights, the immunity defense is available. Malley v.
Cited 1 timesPublished246 F. Supp. 3d 502 · District Court, D. Massachusetts · Mar 31, 2017
The Court cannot determine whether Hodges and Whelan are entitled to qualified immunity at this stage. The defendants argue ' that Hodges and Whelan are entitled to qualified immunity on Counts One and Two. … Callahan, 555 U.S. 223, 231 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) ("The doctrine of qualified immunity protects government officials from liability for civil damages insofar ‘as their conduct does not violate clearly established
Cited 13 timesPublished244 F.3d 1182 · Court of Appeals for the Ninth Circuit · Apr 12, 2001
was not clearly established at the time of Sylvester's actions. … not entitled to qualified immunity.
Cited 38 timesPublishedPrentzel v. State, Department of Public Safety
169 P.3d 573 · Alaska Supreme Court · Sep 14, 2007
Under federal law governing constitutional claims brought under § 1988, "a law enforcement officer is entitled to qualified immunity if, in light of clearly established law and the information available to the officer at … To defeat the troopers' claim of qualified immunity, Prentzel must instead show that the troopers' warrantless arrest amounted to a violation of the Fourth Amendment under clearly established federal law governing that amendment's
Cited 44 timesPublishedRobert J. Pelletier v. Federal Home Loan Bank of San Francisco, and John W. Behrens
968 F.2d 865 · Court of Appeals for the Ninth Circuit · Jun 29, 1992
in creating the qualified immunity doctrine. … On review of a denial of qualified immunity, “[w]e have jurisdiction only to decide if defendant’s conduct violated ... clearly established constitutional rights.” Todd v.
Cited 132 timesPublished952 F. Supp. 2d 343 · District Court, D. Massachusetts · Jul 8, 2013
Second, they argue that they have qualified immunity because the right at issue was not clearly established at the ■ time of their alleged violation. … The case law addressing supervisory liability is clearly established, and Sergeant Horan has not advanced any argument in support of qualified immunity. He is not entitled to dismissal of Count Y. v.
Cited 10 timesPublishedAndrea Martinez v. Ronnet Sasse
37 F.4th 506 · Court of Appeals for the Eighth Circuit · Jun 16, 2022
Sasse moved for judgment on the pleadings based on qualified immunity. … Accordingly, Sasse is entitled to qualified immunity.
Cited 12 timesPublished
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